Stephanie W. v. Maxwell V.

274 P.3d 1185, 2012 WL 1506170, 2012 Alas. LEXIS 66
CourtAlaska Supreme Court
DecidedApril 27, 2012
DocketS-14183
StatusPublished
Cited by12 cases

This text of 274 P.3d 1185 (Stephanie W. v. Maxwell V.) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stephanie W. v. Maxwell V., 274 P.3d 1185, 2012 WL 1506170, 2012 Alas. LEXIS 66 (Ala. 2012).

Opinion

*1187 OPINION

CARPENETI, Chief Justice.

I. INTRODUCTION

A couple lived together briefly in New Mexico and then separated, with the man moving permanently to Alaska. Shortly after he moved, the woman discovered that she was pregnant and gave birth to a son. The child had no contact with his father for the first three years of his life. At his paternal grandmother's initiative, the child then visited his father in Alaska several times over a three-year period, including a year-long visit during which he attended kindergarten in Alaska. After the boy returned to New Mexico, the boy's father filed for legal and primary physical custody. After a trial, the superior court awarded primary physical custody to the father and summertime visitation to the mother. Legal custody as to schooling decisions was awarded to the father. Legal custody as to all other decisions was awarded jointly to the mother and father. The mother appeals. ‘

II. FACTS AND PROCEEDINGS

A. Facts

Terrance V. was born in New Mexico in 2002 to Stephanie W. and Maxwell V. 1 His parents have never married and lived together only briefly, for about six months. Stephanie, a nurse, has a history of childhood sexual traumas and has been diagnosed with Post Traumatic Stress Disorder; she claimed that she was raped during her pregnancy and that a man broke into her home and attempted to rape her daughter. She has two daughters from two previous relationships. Both girls are in therapy and live with their mother. Maxwell, a plumber, has several prior criminal convictions for which he served several years in jail.

Before Terrance was born Maxwell left for Alaska and never returned. Stephanie testified that "[Maxwelll seemed to disappear" after Terrance was born. He had no contact with Terrance during the first three years of his son's life.

Maxwell's mother also lived in New Mexico. After Terrance was born, Stephanie began attending nursing school and occasionally dropped Terrance off at his grandmother's for childcare.. In 2005, Terrance's grandmother brought him to Alaska to meet his father, with Stephanie's permission. When Terrance first arrived he acted out and required strict parenting. He responded very well to this regime, transforming, in the words of a neighbor, from "an out of control kid" to "a very sweet little boy."

Terrance visited his father again in 2006 and 2007. In 2008, the parties arranged for Terrance to spend his first year of school in Alaska. Shortly after he arrived in Alaska, school records documented sexual .misbehavior on his part. During Terrance's year in Alaska, his kindergarten teachers noted several incidents, most near the beginning of the school year, in which Terrance behaved aggressively toward other students. His behavior improved as the year progressed: His report card at the end of the year showed that "he met all of the criteria for being a successful kindergarten student" except for counting skills, and his teacher reported that "the rough patches" experienced at the beginning of the year were "always handled appropriately" by Maxwell.

After returning to Ngw Mexico, Terrance did not want to sleep by himself and wet the bed. Stephanie testified that Terrance told his sister that his father had shown him a picture of a naked girl. Stephanie filed a complaint with the police, who interviewed Terrance, Stephanie, and her daughters. Terrance stated that his father had shown him a photo of a naked girl, and that Maxwell had told him that if Terrance returned to Alaska, "he would get a girl to show him her privates." Terrance was sexually aggressive toward his. sister and engaged in other age-inappropriate sexual behavior.

Later, Stephanie made a second complaint to the police. The police report says that Stephanie reported that Terrance said his father had shown him a video of a young girl having sex with a man. Terrance confirmed this with the interviewing officer. During an interview with a forensic interviewer Ter *1188 rance said that his father spanked him with a belt, leaving marks, and that his father had shown him a picture of a naked girl and pornographic movies, standing behind him and holding his eyes open during the movies.

In school, Terrance was aggressive toward other children. His teacher filed a Child Protective Services report as his behavior indicated that he was "sexually knowledgeable" and she "was concerned that he might be in trouble." In school, Terrance was continually disorganized and had problems relating to other students. His reading level was below average, which his teacher attributed in part to not reading at home.

His teacher tried communicating with Stephanie about Terrance's problems, but stopped doing so because of Stephanie's "er-ratie responses and ... frightening interpretations, she just blew everything out of proportion." She reported seeing Stephanie "pitch fits in the hallway" and hearing her "announce to everyone within hearing range that her son hald] been sexually abused," and she feared that Stephanie "was not stable."

In January 2010, due to Terrance's behavioral issues and his problems at school, Stephanie brought Terrance to a child and family therapist. The therapist concluded that Terrance had Attention Deficit Hyperactivity Disorder (ADHD) and that he had been exposed to pornography, which contributed to Terrance's inappropriate sexual behavior. Terrance told the therapist that Maxwell had shown him' pornographic pictures and touched him in a questionable manner while bathing him. The therapist was uncertain as to whether Terrance had ever beén inappropriately touched. During one counseling session, Maxwell called Terrance and the call was placed on speakerphone. Though his conversation with Terrance was appropriate, Maxwell told Stephanie he was going to send something in the mail that would "hurt her and her family," a statement Stephanie interpreted as a threat.

Terrance also underwent a neuropsycho-logical evaluation. The evaluation concluded that there were "no major 'red flags' in terms of emotional or even behavioral functioning" but suggested family therapy so that Stephanie could "function at her best as a parent," and mentioned that "high-quality social work seems essential," in particular a social worker who "will [] get along with [Terrance's] mother."

B. Proceedings

In November 2009, Maxwell filed in Alaska for sole legal and primary physical custody of Terrance. Stephanie asked for the same. Superior Court Judge Eric Smith held a three-day hearing in November and December 2010. Judge Smith heard from both parents; Terrance's teacher; Maxwell's girlfriend, employer, and former landlord; and the child therapist who had treated Terrance. During the proceedings, Stephanie testified that she felt "Terrance was sexually abused, that he has had sex ... and I think his dad is responsible." Terrance's teacher testified that Maxwell dealt with Terrance well. Maxwell's landlord reported that Maxwell was a conscientious and loving parent who dealt well with situations in which he had to discipline and care for Terrance.

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Cite This Page — Counsel Stack

Bluebook (online)
274 P.3d 1185, 2012 WL 1506170, 2012 Alas. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephanie-w-v-maxwell-v-alaska-2012.